The Games Ranch

David Carney · Post by **David Carney** » 23 Sep 2006 05:01 pm

Ok, so I know this isn't the legal advice forum but I could really do with some tips on how to handle a DUI case.

I had a big night last night and lol and behold, on footy finals night, I found myself being breath tested by the swarm of police that happened to be occupying the streets that night. Basically I went to the city, drank, caught a bus back to the burbs (about 45-60 min) and was found to be at 0.075. Got my prints done and mugshots too

. Come 5 am I'm being released back on the streets again with my licence in tow.

So I've got a court appearance in a month and I'm reading that I'm looking at a minimum disqualification period of 3 months and max fine $1100 for my first offense. Period. That's right, I'm 24, on my gold and have never been booked. I don't really see any way of fighting it and would rather save my money on legal fees.

Has anyone else found themselves in a similar predicament? And how did you present your case in court?

I feel terrible and it's not just the alcohol.

jizzlobber · Post by **jizzlobber** » 23 Sep 2006 05:14 pm

if you have a clear record you should just ask for leniency, just represent yourself, dress smart, speak well, and ask for leniency.
don't go in there with a bag of excuses, they've heard them all before, say you made a mistake if you have to.

David Carney · Post by **David Carney** » 23 Sep 2006 05:19 pm

Cheers... Yeah, I think I might need to prepare a few things. Like letter of recommendation from employer might come in handy. I've been doing some research and it seems more full on than I first thought. I really want to avoid losing my licence for 3 months during the summer break.

But I read on the RTA website that 3 months is the minimum.

The fine concerns me but not as much as that....

jizzlobber · Post by **jizzlobber** » 23 Sep 2006 05:24 pm

I've heard of people getting off before, being 24 doesn't really help.

don;t do it again mate, you get owned harder every time

friick · Post by **friick** » 23 Sep 2006 05:26 pm

Few things:

1. Fight it 100%.

2. If you've got the money, use a solicitor because it will definitely help your chance of getting the charge lowered.

3. There's no such thing as a minimum.

4. Definitely push the employer thing, primarily if you need your license to get to work (which I assume you do).

5. Don't worry, these sorts of things are common and if you're a decent person the court with no history of this sort of thing the court will recognise that.

6. A lot can depend on which judge, which court.

Talez · Post by **Talez** » 23 Sep 2006 05:35 pm

What were you thinking? Really? That the police would think an AFL preliminary final wouldn't be a good reason to have every available cop out doing breath tests because NSW is supposedly an NRL state?

Go in, suck it up, admit you were wrong to the court, pay the fine and apply for an extraordinary license if you absolutely need a car to get to work. Dismiss the whole thing as a learning experience and memorize some cab numbers for next time.

David Carney · Post by **David Carney** » 23 Sep 2006 05:41 pm

Well I don't need the car for work so I guess that probably won't help. I thought it would be more of a character reference. When you say fight it 100%, do you mean try and plead not guilty - because I think that it could push my disqualification period up if I lose.

David Carney · Post by **David Carney** » 23 Sep 2006 05:44 pm

Talez wrote:

What were you thinking? Really? That the police would think an AFL preliminary final wouldn't be a good reason to have every available cop out doing breath tests because NSW is supposedly an NRL state?

Go in, suck it up, admit you were wrong to the court, pay the fine and apply for an extraordinary license if you absolutely need a car to get to work. Dismiss the whole thing as a learning experience and memorize some cab numbers for next time.

Um not quite, it was just a side point. I know I was wrong, I misjudged how long it would take for the alcohol to leave my system. I'm just hoping that any leniency due to my prior record has a bearing on me keeping my licence.

Texas · Post by **Texas** » 23 Sep 2006 05:46 pm

Just asked a Lawyer friend - get representation. May cost a small amount, but people who represent themselves tend to get harsher sentences than those with a solicitor. They know exactly what to say, when to say it, what the judge is like etc. You will be advised to plead guilty, but you have some mitigating circumstances - clean record etc.

friick · Post by **friick** » 23 Sep 2006 06:06 pm

David Carney wrote:Well I don't need the car for work so I guess that probably won't help. I thought it would be more of a character reference. When you say fight it 100%, do you mean try and plead not guilty - because I think that it could push my disqualification period up if I lose.

Hell no. Guilty all the way.

But multiple people get their charge lowered/get off completely.

Darwi · Post by **Darwi** » 23 Sep 2006 06:44 pm

Crash and burn...

Pat · Post by **Pat** » 23 Sep 2006 06:52 pm

David Carney wrote:
I had a big night last night and lol and behold, on footy finals night, I found myself being breath tested by the swarm of police that happened to be occupying the streets that night. Basically I went to the city, drank, caught a bus back to the burbs (about 45-60 min) and was found to be at 0.075. Got my prints done and mugshots too . Come 5 am I'm being released back on the streets again with my licence in tow.

So you can get done for DUI when riding the bus now? I'm confused - when were you driving?

David Carney · Post by **David Carney** » 23 Sep 2006 07:13 pm

Nah after I got off the bus. I was walking to my car with my mate and the police pulled up and asked us if we were right. I said yeah were just heading to my car now. They go ok and drive off. I get in the car and drive 300 m down the road, I see the sirens and get pulled over for a "random" breath test and the rest is history. Funny thing is, in the police statement, they didn't mention the fact that they talked to me before they pulled me over. It could be a loophole because they must of had their suspicions but let me get in my car anyway - and it was described as a random breath test even though there was prior correspondence not mentioned in the "full facts".

friick · Post by **friick** » 23 Sep 2006 07:44 pm

Bear in mind that a random breath test is actually a GOOD thing in terms of factors contributing to lowering the charge/being let off. So I wouldn't go disputing it personally...

Froggy · Post by **Froggy** » 23 Sep 2006 08:00 pm

David Carney wrote:Nah after I got off the bus. I was walking to my car with my mate and the police pulled up and asked us if we were right. I said yeah were just heading to my car now. They go ok and drive off. I get in the car and drive 300 m down the road, I see the sirens and get pulled over for a "random" breath test and the rest is history. Funny thing is, in the police statement, they didn't mention the fact that they talked to me before they pulled me over. It could be a loophole because they must of had their suspicions but let me get in my car anyway - and it was described as a random breath test even though there was prior correspondence not mentioned in the "full facts".

You should of asked them for a breath test then, they would of happily obliged and you would of known before you got in the car, they will say that they gave you the chance, it wouldn't of hurt. I was in the same predicament last night but I avoided the RBT, I had two pints and a schooner but left 2 hours and a meal inbetween but you are just never sure if for some reason your body is going to retain a lot of alcohol, i felt fine etc but it's always a worry even though you aren't drunk.

David Carney · Post by **David Carney** » 23 Sep 2006 08:59 pm

friick wrote:Bear in mind that a random breath test is actually a GOOD thing in terms of factors contributing to lowering the charge/being let off. So I wouldn't go disputing it personally...

That actually makes sense.

mech · Post by **mech** » 23 Sep 2006 11:34 pm

Froggy wrote:You should of asked them for a breath test then, they would of happily obliged and you would of known before you got in the car, they will say that they gave you the chance, it wouldn't of hurt. I was in the same predicament last night but I avoided the RBT, I had two pints and a schooner but left 2 hours and a meal inbetween but you are just never sure if for some reason your body is going to retain a lot of alcohol, i felt fine etc but it's always a worry even though you aren't drunk.

OMFG. Have, not of. You fucking do it 4 times in one sentence.

friick · Post by **friick** » 24 Sep 2006 12:29 am

Adam?

Froggy · Post by **Froggy** » 24 Sep 2006 12:32 am

mech wrote:
OMFG. Have, not of. You fucking do it 4 times in one sentence.

You should know by now that I am never going to change that.

jizzlobber · Post by **jizzlobber** » 24 Sep 2006 02:18 am

one thing i'de like to know.
could I get away with 'wouldn't've'?

I know it's wrong but how else do you write it?

Talez · Post by **Talez** » 24 Sep 2006 02:28 am

Jizzy McLobber wrote:one thing i'de like to know.
could I get away with 'wouldn't've'?

That sound you just heard is the english language shooting itself in the head.

amba · Post by **amba** » 24 Sep 2006 10:54 am

My brother went throught the same thing, but drunker: the police baited him like they baited you, they followed him from the pub. For some reason he was following a taxi with friends in it at the time

Anyway, I wouldn't try to fight the disqualification... I assume the courts are full of people trying to do that. I agree to using work as a character reference, but don't go the 'I'll lose my job' angle, because they won't care. Agree to whatever conditions and programs they give to you straight away. If you say the right things you might get a lower fine.
Another suggestion is to get a full medical, prove that you aren't an alcoholic, and prove that you don't constantly have alcohol in your system.

mech · Post by **mech** » 24 Sep 2006 11:18 am

baited... man, there really is zero excuse for getting pissed, then driving, and getting caught for it. If you follow the 2 standard drinks in the first hour and 1 every hour after that rule, you'll be fine.

Madmya · Post by **Madmya** » 24 Sep 2006 11:28 am

Well from my court experience, they asked you if losing your licence would affect your job whatsoever. Different judges might ask different things though, and this is from queensland.

David Carney · Post by **David Carney** » 25 Sep 2006 02:35 pm

mech wrote:baited... man, there really is zero excuse for getting pissed, then driving, and getting caught for it. If you follow the 2 standard drinks in the first hour and 1 every hour after that rule, you'll be fine.

Well I did, I started drinking from 8pm to 1 am and only had 4 schooners. I'm taking no chances next time though.

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